CIBENER v. CITY OF NEW YORK


268 A.D.2d 334 (2000)

701 N.Y.S.2d 405

JANE CIBENER, Respondent, v. CITY OF NEW YORK et al., Defendants, and NYNEX CORPORATION et al., Appellants.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided January 20, 2000.


Plaintiff tripped and fell in a pavement depression in the north crosswalk of University Place at the intersection of 9th Street in Manhattan. A personal injury action was commenced against the City of New York in 1995, and two years later a new action was commenced against all four defendants. In April 1997, before issue was joined by the new defendants, and eight months prior to consolidation of the two actions, plaintiff filed a note of issue in the first action against...

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